Inventory Check and Deposit: The Guide to Not Losing a Penny

You have finally found the rare gem in Paris, but the end of your lease (bail) is approaching and you already dread a deduction from your deposit. The inventory check (état des lieux) and deposit process is often rushed, yet it directly determines whether you get your money back. At APPARTE, we support our clients right through to move-in to avoid these setbacks, because a smooth move-out is prepared right from the move-in.

Getting your move-in inventory check right: the foundation of everything

The classic mistake is signing the move-in inventory check (état des lieux d’entrée) too quickly. Yet this is the reference document that will be compared against the one drawn up when you leave. Be thorough: test every socket, every tap, and check the condition of the floors. Do not hesitate to take dated photos of every room and every detail, however minor. If you spot a defect, insist that it be recorded in writing. You have 10 days after receiving the keys to add to the inventory check regarding the fittings of the property. For heating, the law allows you to raise additional reservations during the first month it is used.

Normal wear and tear vs damage: how to tell the difference

A landlord cannot charge you for replacing a fitting simply because it has aged. The law distinguishes between normal wear and tear (usure normale), linked to time and everyday use, and damage (dégradations) that is the tenant’s responsibility. Carpet slightly marked by furniture is normal wear and tear. A hole in the wall or a broken door is your responsibility. To clarify these points, refer to the wear-and-tear scale (grille de vétusté) if one was attached to your lease. It allows you to calculate the residual value of a fitting based on its theoretical lifespan.

Returning the deposit: the legal deadlines

The deadline for returning your deposit depends on whether the move-out inventory check matches the move-in one:

• Matching inventory check: The landlord has 1 month to return your deposit.
• Inventory check with discrepancies noted: The deadline is extended to 2 months.

If the landlord exceeds these deadlines, they are liable to penalties. The remaining amount owed on the deposit is then increased by 10% of the monthly rent (excluding charges) for each month, or part of a month, of delay. Do not hesitate to send a formal notice (mise en demeure) by registered letter with acknowledgement of receipt if the deadline is missed.

How to challenge an unfair deduction

If your landlord withholds an amount you believe is unjustified, do not stay passive. The first step is an amicable conciliation. If that is not enough, you can refer the matter to Paris’s Départemental Conciliation Commission (Commission Départementale de Conciliation, CDC). This is a free procedure that is often effective at resolving rental disputes without going to court. To go further in securing your rental journey, see our advice on succeeding in your rental search in Paris.

FAQ: Your questions about the inventory check and deposit

Can the landlord refuse to carry out a joint inventory check?

No, the inventory check must be carried out jointly, meaning in the presence of both parties. If the landlord refuses or is absent, it is strongly advisable to bring in a court officer (commissaire de justice) to record the condition of the property, in order to avoid any dispute later on.

What if the property is an energy-inefficient property (passoire thermique)?

A property’s energy performance does not justify a deduction from the deposit. However, to avoid unpleasant surprises, find out about the rules on energy-inefficient properties before signing your lease.

Can the deposit be used to pay the last month’s rent?

No, this is an illegal practice. The deposit is intended to cover any damage and must be returned after the move-out inventory check. You must pay your rent right up to the actual end of your lease.

Securing your home in Paris requires expertise and vigilance. At APPARTE, we support you so that every step, from the search to the inventory check, is a success. For bespoke support, do not hesitate to book an appointment with APPARTE.